As a Canadian independant television producer, I am seeking entry into the US to pursue my career in Los Angeles. After consulting your documentation related to "O" visas, I have determined that I do not qualify for that class. What are my options for both non-immigrant and immigrant visas? Would I qualify for an "E" class visa? Furthermore, because my fiance will complete her schooling in four years, is it wiser to wait or apply immediately (considering the backlog in many catagories of immigrant visas.)

Unfortunately, you have not provided me with enough information. I cannot tell you what your non-immigrant and immigrant visa options might be because I don't have enough facts. You should schedule a formal consultation for such a broad question anyway.

You might qualify for an E-2 visa if you were willing to make a substantial investment in a television production business in the United States. For a Canadian, the lowest minimum investment amount would be around $50,000.00US, although it is preferable to invest $100,000.00 or more. Read my article on E-2 visas.

I assume you were asking about seeking an immigrant visa through your fiancee. However, you did not tell me your fiancee's immigration status. If she is a U.S. citizen, you could enter the United States as K-1 fiance although you would have to marry her within 90 days. Alternatively, you could marry her and then apply for U.S. permanent residence as her spouse. If she is a U.S. permanent resident, you could apply for permanent residence as her spouse but not as her fiance. Further, you would have to wait about 2-3 years a visa to become available (please refer to the DOS Visa Bulletin). If she is a Canadian, then she cannot help you obtain U.S. permanent residence.

I am a Canadian citizen who obtained permanent resident status in the United States at the beginning of 1995 (i.e. a green card holder as of Jan 2, 1995). I am planning on starting my MBA degree at the University of Toronto this coming September of 1996. As a result, I will be moving back to Toronto in the fall of 1996. My employer has nothing to do with this intention and is not involved in the MBA application process. My intention is to return to the US to reside and work there upon completion of my MBA degree possibly with my current employer or with another new employer. What could I do to "preserve" my US permanent residence status?

Taking steps to preserving your U.S. residence is important for two reasons: (a) avoid loss of your lawful permanent resident ("LPR") status itself, and (b) to maintain LPR status for naturalization purposes.

In order to avoid losing your green card because of an extended absence, you should consider applying for a returning resident permit. Possession of such a permit is prima facie evidence of your intention to retain your LPR status, even if you are outside the U.S. for an extended period. However, you must apply for a returning resident permit while in the United States. Possession of a returning resident permit will not preserve residence for naturalization purposes.

In order to qualify for naturalization, you must have resided continuously in the United States for five years after being admitted for permanent residence. In addition, you must have been physically present in the United States for a period totalling one half of that period (30 months).

For the purpose of naturalization, departures of less than six months do not affect the continuity of residence. Departures of more than six months but less than one year are presumed to break the continuity of residence but can be rebutted with evidence. Departures of more than one year are generally an absolute bar to naturalization.

If you were eligible for extended absence benefits, you could file a Form N-470 which is an "Application to Preserve Residence for Naturalization Purposes". This would exempt you form the continuous residence requirement but not the physical presence requirement. However, given your fact situation, you are not eligible for extended absence benefits. There are no other steps you can take to preserve residence for naturalization purposes.